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(영문) 광주지방법원 2019.09.20 2018가단525519

근저당권말소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a creditor of the deceased B (the deceased on February 10, 2017, hereinafter “the deceased”), was sentenced to the judgment of the Gwangju District Court on October 31, 2014 that “the deceased shall pay to the Plaintiff the amount of KRW 7,685,634 and KRW 7,178,466 per annum 29% per annum from May 17, 2014 to the day of full payment,” and the above judgment became final and conclusive around that time.

B. Meanwhile, the Deceased completed the registration of creation of a collateral security (hereinafter “registration of creation of a collateral security”) with respect to the area of 220 square meters (hereinafter “instant real property”) prior to J in Gwangju Northern-gu, Gwangju-gu, as the registry office of the Gwangju District Court No. 1261, Jan. 9, 2002, the maximum debt amount of which is KRW 50,000,000, as the registry office of the Seoul-gu District Court (hereinafter “registration of

C. On February 10, 2017, the Deceased died, and his heir D (E) , F (G) , and H (I) , with the real estate of this case and the total deposit amount of KRW 1,640,027, etc. as active property of the Deceased. They were adjudicated to accept a report on approval of re-approval inherited on March 22, 2017 by the Gwangju Family Court, accompanied by the inherited property list, stating the decedent’s obligation to the Plaintiff, the Defendant’s obligation to the Defendant, the obligation to the Gwangju Credit Guarantee Foundation, the obligation to the K company, the obligation to the K company, the amount of KRW 10,397,969, the amount of KRW 1,954,00, and the amount of tax obligation to the Gwangju North-gu.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 4, the purport of whole pleadings

2. The Plaintiff asserts that the deceased’s heir’s heir is subject to a judgment on qualified acceptance, and the small property out of inherited property exceeds active property, and that the Plaintiff seeks cancellation of the registration of the instant right to collateral security, which appears to have been extinguished due to the completion of extinctive prescription, by subrogation of the

In order for the creditor to preserve his claim against the debtor in accordance with the principle of subrogation right of the creditor.